Winter Requirements

During the heating season (December 1 - March 31), if your utility company tries to shut off your gas or electricity for nonpayment of a bill or deposit, they must follow certain rules.

These rules apply to investor-owned utility companies. They do not apply to municipal or cooperative utility companies. Learn more on the Illinois Commerce Commission website. 

The following rules apply if gas and electricity are the primary source of heating in your home:

• The utility company must notify you at least 6 business days before service shuts off.
• They must notify you either by telephone, personal visit, or first-class mail.
• They must offer you a winter deferred payment arrangement (DPA).
• They cannot ask you to make a down payment of more than 10% of the money you owe. You have at least 4 months to pay what you owe.
• They have to tell you which government and private agencies can help you pay your bills.
• They cannot refuse to offer you a DPA because you defaulted on another DPA within the past 12 months. However, the utility does not have to offer you a DPA more than once during the winter.
• They cannot shut off your gas or electricity if you are part of LIHEAP. LIHEAP is utility assistance. This assistance is available regardless of immigrant status.

General requirements

In addition, your utility company cannot shut off your gas or electricity if:

• You have a DPA that is not in default, or
• You or someone in the home is on active duty or active deployment.

DPAs for low-income consumers

If you are a low-income consumer, the company has to offer you a DPA any time during a year. This includes LIHEAP consumers. In the DPA:

• The maximum down payment must be no more than 20% of the past due amount, and
• They must give you 6 to 12 months to pay the balance. They may agree to a period longer than 12 months.

If you are default on the DPA, the company must offer you an amended DPA if:

• You have made at least two consecutive full payments, and
• You have not been in default for more than 90 days.

You may reinstate a defaulted DPA before disconnection. You must pay the DPA amount due up to the current date, and the amount due under current bills. The utility company may not charge you a reinstatement fee.

Reconnecting utilities after a shut off during the heating season

If your gas or electricity have been shut off, the utility must send you a letter offering to reconnect you during the heating season if you meet certain requirements: 

• You were disconnected for not paying a bill or a deposit sometime between December 1 of the prior winter's heating season and April 1 of the current heating season.
• You must not have used the reconnection rules the previous year.
• You must have paid 1/3 of the total bill from the last December 1.
• You must not have tampered with the utility's equipment. You must not have enjoyed the benefits of someone else's tampering.
• You must enter into a deferred payment arrangement (DPA) with the utility where you immediately pay 1/3 of the amount past due, 1/3 of the required deposit, and 1/3 of any reconnection charge. 
  • If you can show a financial inability to pay the 1/3 down of the past due amount and 1/3 down of any required deposit, the utility must accept a reasonable amount. A reasonable amount is considered at least 20% down of the past-due amount and 20% of the required deposit. 
  • If you are a qualified low-income customer, you automatically qualify for the 20% financial inability payment. 
• You must agree to a payment schedule for the remaining balances. This schedule gives you at least 4 months to pay off the past-due balance, and at least 3 months to pay off the deposit balance.

If you are low income, you can apply for Reconnection Assistance through LIHEAP. This gets your utilities reconnected within 48 hours. If you are in a life-threatening crisis, you can get your services reconnected within 18 hours.

Chicago heat [no-lexicon]ordinance[/no-lexicon]

This Chicago ordinance requires landlords to supply heat to their rental units during cold weather when tenants do not have individual control of their heat. 

From September 15 - June 1, the temperature inside a rental residence must be at least:

• 65 degrees from 7:30 am to 8:30 am, 
• 68 degrees from 8:30 am to 10:30 pm, and 
• 63 degrees from 10:30 pm to 7:30 am.

Landlords can be fined up to $500 per day, per violation, for each day they do not supply adequate heat. The reason for the lack of heat does not matter, landlords must follow the law, and apartments must be heated.

If your landlord is not providing adequate heat or no heat at all, contact 311 to file a complaint.